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How does the recent notice issued by Chief Registrar Baister affect the making of urgent applications in the Bankruptcy and Companies Court?
Chief Registrar Baister issued a notice on 20 November 2013 concerning urgent applications made in the Bankruptcy and Companies Court, in the High Court, London (the notice).
What does the notice say?
The current practice of the Bankruptcy and Companies court (in London) has been that urgent and time-critical applications are heard in their own list (as per para 9.1 of the Practice Direction on Insolvency Proceedings (February 2012) (PD) issued by the Chancellor of the High Court on 23 February 2012). This is normally on Tuesday and Friday mornings. As set out in the notice, this list is most commonly used for applications to extend the period of administration, time summonses and other urgent applications.
In addition to the 'urgent' list, a registrar is available each day to hear any additional urgent applications.
The Chief Registrar has reminded practitioners of the need when making urgent applications to:
• complete the certificate set out in para 9 of the PD
• pay the court fee for the application (on the ground floor of the Rolls Building)
• arrange for the listing of the application via the registrars' clerks (first floor of the Rolls Building)
These applications should be made to the registrar and not the judge sitting in the applications court. The only exception to this is if there is an exceptional reason, such as a registrar is not available or the application is one which for some other reason the registrar cannot hear (for example because the application is for an injunction).
What does this mean?
The notice should be carefully read and taken on board by practitioners. It serves as a good reminder that the PD must be carefully complied with.
For more information see here.
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